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Finance & Bankruptcy Law Blog
When Goods Are Shipped from Overseas, When Are They Considered “Received by the Debtor” for Purposes of Asserting a Section 503(b)(9) Administrative Claim?
A bankruptcy court in Pennsylvania recently held that trade creditors who supplied goods to a debtor prior to its bankruptcy filing were not entitled to administrative priority status under Bankruptcy…
In Solvency
Preference Actions Filed in MCG Limited Partnership Bankruptcy
On August 1, 2014, the Chapter 7 Trustee of MCG Limited Partnership, et al., filed approximately 38 complaints seeking to avoid and recover alleged preferential transfers pursuant to Sections 547 and…
Delaware Bankruptcy Update
Preference Actions Filed in MCG Limited Partnership Bankruptcy
On August 1, 2014, the Chapter 7 Trustee of MCG Limited Partnership, et al., filed approximately 38 complaints seeking to avoid and recover alleged preferential transfers pursuant to Sections 547 and…
In Solvency
Section 503(b)(9) Claims: Timing of Payments
When will your company’s Section 503(b)(9) claim be paid? Under normal circumstances, Section 503(b)(9) claims are paid when the debtor makes a final distribution to creditors. However, a Section 503(b)(9)…
Securities Law Prof Blog
Mooney on Bankruptcy and Securities Contracts
Charles W. Mooney Jr. has posted The Bankruptcy Code's Safe Harbors for Settlement Payments and Securities Contracts: When Is Safe Too on SSRN with the following abstract:This Article addresses insolvency law-related…
Securities Law Prof Blog
Lubben on Clearinghouses
Stephen J. Lubben has posted Nationalize the Clearinghouses! on SSRN with the following abstract:Given the vital place of clearinghouses in Dodd-Frank, it is perhaps surprising that Dodd-Frank makes no provision for…
In Solvency
Preference Litigation: Statutory Lien Defense
In this prior post, we discussed common defenses that can be asserted in defending preference actions under the Bankruptcy Code. Another defense that may be utilized is the “statutory lien…
Delaware Bankruptcy Update
Preference Litigation: Statutory Lien Defense
In this prior post, we discussed common defenses that can be asserted in defending preference actions under the Bankruptcy Code. Another defense that may be utilized is the “statutory lien…
Texas Bankruptcy Blog
Chapter 13 Bankruptcy
By Bryan Fears
A Chapter 13 bankruptcy case is primarily used to repay all or some of an individual’s debts. It is also known as a debt adjustment case, or a “wage earner's…
Texas Bankruptcy Blog
Attorney Obligations during Bankruptcy
By Bryan Fears
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 created new obligations for “debt relief agencies” engaging in bankruptcy related services. For a definition of a “debt relief agency,”…